Prosecutors say Haney use of stamps not criminal

Prosecutors today announced they would not bring criminal charges against a Denver City Council candidate who provided free 61-cent stamps on door hangings that potential voters could use for the all-mail election.

“We see no evidence of criminal conduct, and no charges will be filed,” said Casimir Spencer, communications coordinator for 18th Judicial District Attorney Carol Chambers.

The use of stamps had raised questions in the race to fill the vacant district 1 council seat representing northwest Denver.

The Denver Clerk and Recorder’s Office had warned Haney that giving away the stamps could be challenged. After elections officials in that office learned that Haney went ahead and provided 2,000 stamps with his campaign literature, they alerted Denver District Attorney Mitch Morrissey’s office.

Morrissey recused himself because he is supporting one of Haney’s opponents, State Sen. Paula Sandoval. The case then was referred to Chambers’ office.

Colorado law states it is unlawful to offer “any valuable consideration” to encourage an individual to vote at any election. State law also specifies that voters “must provide postage” when returning their ballot by mail.

Haney said the use of the stamps was legal because he didn’t advocate that they be used to mail in a vote for him. Instead, the stamps were supposed to encourage people to vote for anyone on the ballot, he said.

“I’m pleased with the decision of the 18th Judicial District and want to thank them for their quick attention to this matter,” Haney said in a prepared statement. “We were confident that they would come to the same conclusion that we did. This is just a new type of ‘get out the vote’ effort reflecting our new way of voting by mail.”

Haney is one of 10 candidates vying to fill the council seat that became vacant when Rick Garcia resigned to take a job as a regional director in the U.S. Department of Housing and Urban Development. Voters will decide who wins on Tuesday.

Joey Bunch has been a reporter for 28 years, including the last 12 at The Denver Post. For various newspapers he has covered the environment, water issues, politics, civil rights, sports and the casino industry.